Supreme Court of India · 2016-05-04
State Of Rajasthan vs Mohinuddin Jamal Alvi & Anr
- Citation / case number
- AIR 2016 SUPREME COURT 2386
- Court
- Supreme Court of India
- Petitioner
- State Of Rajasthan
- Respondent
- Mohinuddin Jamal Alvi & Anr
- Author
- A.K. Sikri
- Bench
- R.K.Agrawal, A.K. Sikri
Judgment text excerpt
The Supreme Court held that under Section 20A of the Terrorist and Disruptive Activities (Prevention) Act, 1987, the prior approval for recording information about an offense must come specifically from the District Superintendent of Police, and not from any higher authority. The Court found that the approval obtained from the Additional Director General of Police was invalid, leading to the conclusion that the prosecution could not proceed due to non-compliance with mandatory statutory requirements. Consequently, the convictions of the accused were set aside, and the appeals were allowed.